Supreme Court Cautions AoRs To Be Careful While Filing Petitions, Allows Withdrawal Of Bizarre PIL Challenging Articles 20 & 22

The Supreme Court on Thursday(January 25) allowed the withdrawal of a controversial PIL which challenged Articles 20 and 22 of the Constitution and reminded the Advocates-on-Record (AoR) to be mindful while signing petitions, especially considering the great responsibility the designation of an AOR holds towards the Court.While the bench allowed the advocates to withdraw the PIL challenging Article 20 of the Constitution, it cautioned the AoRs to be more careful in filing matters and ensure that they take their duties as AoRs seriously. The CJI expressed, “When you file a petition you must apply your mind, it's a very important responsibility which an AoR has. The other day, when I was talking to the 170 AoRs admitted, I was pressing upon them just this. It's a very important responsibility because you are the people who are on record for us. You have to discharge your responsibility with a great amount of care. It is not that you file whatever comes to you (yeh nahi kuch haath mein aaya file kar do),”This development comes in light of the Supreme Court's previous orders which called for suggestions from the bar for framing a "comprehensive policy" to curb the practice of AoRs merely acting as signing authorities and filing frivolous petitions.Recently, the CJI while addressing the newly admitted AoRs in the Supreme Court, impressed upon the young AoRs about the responsibilities that they have on their shoulders as the 'Officers of the Court'. On passing one of the most complex exams in the law fraternity, the CJI remarked the young lawyers to be one of the best in the profession and reminded them that :"Big responsibility I am placing on your shoulders. As AoRs, you have appeared for a very difficult examination. The fact that you have qualified shows that you are among the best in this profession. You will be from today treated as the officers of the Court, whom courts will look up to. You are OUR advocate on record, and you are not just an AoR representing a client. So please remember that you owe a duty towards the Court above anyone else, a duty to the cause of justice."Earlier, a bench led by Justice Sanjay Kishan Kaul had lambasted the AoRs who filed the present PIL and said that AoRs cannot be reduced to mere signing authorities.The said bench did not confine its anguish to just oral remarks and proceeded to dictate an order recording its dismay-"We are troubled by the fact that a recognized AOR signed such petition. On our query he says that he signed it in 'good faith', this would imply the practice of filing the petition before even examining the content.""Please come up with a comprehensive plan," the bench orally requested in the end, soliciting suggestions from the members of the Bar on a methodology to ensure that the role of an advocates-on-record is not reduced to a 'signing authority. The Court requested AoR Gaurav Agarwal, who was present in the court hall, to assist in the matter."The idea is not to punish anyone, but to maintain some discipline in the profession," Justice Kaul said, before adjourning the hearingSubsequently in December when the court presided by Justice SK Kaul viewed the suggestions put forward by Advocate Gaurav Agrawal for reforming the Advocates-on-Record and adjourned the matter for further consideration. After the retirement of Justice Kaul, the matter came up before the bench led by the CJI.Case Details : P.K. Subramanian v The Secretary Department Of Law And Justice And Anr. W.P.(C) No. 1275/2023 PIL-W Click here to read the order

Supreme Court Cautions AoRs To Be Careful While Filing Petitions, Allows Withdrawal Of Bizarre PIL Challenging Articles 20 & 22

Anmol Kaur Bawa

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